“A federal court jury this week is set to begin tackling a question that has consumed the mobile-device market: Did Samsung Electronics Co. rip off features of Apple Inc.’s iPhone and iPad? But there are actually many questions,” Jessica E. Vascellaro reports for The Wall Street Journal. “After closing arguments Tuesday, three weeks of hard-fought testimony will all boil down to a work sheet—a verdict form the jury will be handed, with around a dozen pages and many more boxes requiring ‘yes’ or ‘no’ answers. Besides Apple’s patent-infringement claims against Samsung, the jury must rule on Samsung’s counterclaims and calculate who owes what for any damages or royalties.”
“During their deliberations, they will consider testimony and libraries of evidence. They also will have the devices in dispute at their fingertips to examine. To determine infringement, the nine jurors—who include a social worker, electrical engineer and unemployed videogame enthusiast—must be unanimous… Both sides are waiting for Judge Lucy Koh to propose a compromised version of the work sheet by Monday, which lawyers will lobby for changes to one more time before their closing arguments. Still also in dispute: the jury instructions Judge Koh is expected to read to the jurors to help them apply the law. They will include definition of terms such as ‘prior art’ and “trade dress” and remind jurors, for example, that deposition testimony and live testimony should be weighed equally.”
Vascellaro reports, “Whatever the outcome, lawyers for the companies expect the loser to appeal. If so, the questions on the jury verdict form may help distill key legal questions. ‘They will be important for narrowing a huge case down to something smaller for appeal,’ said Brian Love, assistant professor at Santa Clara University School of Law. ‘It is better for everyone in the court system when we know what the jury is thinking.'”
Read more in the full article here.
[Thanks to MacDailyNews Reader “Fred Mertz” for the heads up.]